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201210351
<br /> DEED OF TRUST
<br /> Loan No: 872056509 (COrltltlued) Page 5
<br /> separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction to the highest 6idder fioY cash in lawful. money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or watranty, express or implied_ The
<br /> recitals in such deed of any matters or facts shall be conclusive proof ofi the truthfiulness thereof. Any
<br /> person,including without limitation Trustor,Trustee,or Lender, may purcnase at sucn sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses ofi Trustee and of this .
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) all sums expended under the terms of this Deed of Trust or under tne terms of the
<br /> Credit Agreement not then repaitl, including but not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not F�cclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Related Documents, or under any other
<br /> agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of TrusY nor its enfiorcement,
<br /> wheiher by court action or pursuant to the power of sale or otner powers contained in this Deed ofi Trust, shall
<br /> prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender,it being agreed that Trustee and Lender, and each of them,shall be entitled to
<br /> en#orce this Deed of Trust and any other security now or t�ereafter held by Lender or Trustee in such order and
<br /> manner as they or either of them may in thei:r absolute d�iscretion determine. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exclusive of any otner remedy in this Deed of Trust or by law
<br /> provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this
<br /> Deed of Trus2 or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related Documents to Trustee or Lende� or to which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be �
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the exient such action is permitted by law.
<br /> Etection of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice ofi Sale under this Deed of Trust be mailed to ihem at the addresses set forth in the first
<br /> paragraph ofi this Deed of Trust.
<br /> Attorneys' Fees; F�cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date ofi the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fiees and expenses fior
<br /> bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
<br /> anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
<br /> foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the TrusYee, to the extent
<br /> permitted by applicable law_ Trustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee snall have aII of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in�granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to foredose by judicial foredosure, in either case in
<br /> accordance with and to the full eMent provided by applicable Iaw.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State ofi Nebraska. The instrument shall contain, in addition to alI other
<br /> matters required by state lew, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system refierence) where this Deed of T�ust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon tne Ttustee in this Deed of Trust and by applicable law. This procedure fior
<br /> substitution of Trustee shafl govern to tne exclusion of all other provisfons for substitution.
<br /> NOTICES. Any notice required to be given unde�this Deed ofi Trust, including without limitation any notice of defiault
<br /> and any notice of sale shall be given in writing., and shall be efifective when actually delivered, when acYually received
<br /> by telefacsimile (unless otherwise required by law), when deposited wiih a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as fiirst class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning.of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trusi shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, speciFying that the purpose of the notice is to change the petson's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times ofi Trustor's current address. Unless
<br /> otherwise provided or requ:ired by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice firom Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed o#Trust
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